Interim Injunctions Flashcards
Which case sets out interlocutory injunctions?
American Cyanamid v Ethicon
what is an interim injunction?
it is a court order which can be breached and be punished as a contempt of court.
What are the three requirements to prove an interlocutory injunctions as stated by American Cyanamid?
is there a serious question to be tried?
would damages be an adequate remedy?
where does the balance of convenience lie?
what are the injunctions where american cyanamid doesn’t apply?
where there is unlikely to be a trial
where there are applications to prevent court proceedings.
where there is public interest
where there are mandatory injunctions.
freezing injunctions
cases involving land
trade disputes
what are the general principles in which will apply to all injunctions?
C must have locus standii
they are a discretionary remedy and
damages must be an inadequate remedy.
when can an injunction be granted under s37 of the senior courts act?
in all cases in which it appears to the court to be just and convenient to do so. it may be granted either unconditionally or on such terms and conditions as the court thinks fit.
true or false:
s38 of the county courts act 1984 gives the county court the same power to grant any other injunctions as that possessed by the high court.
true.
what is a mandatory injunction?
an injunction where it must be specified exactly what D has to do and the time within he must do it.
when will mandatory injunctions be granted?
if C suffers serious harm if an injunction is not granted.
why did the court refuse the order in the case of Wrotham Park Estate Co v Parkside Homes Ltd [1974]
due to the houses being built already, this would have involved ‘an unpardonable waste of much needed houses’
Why did the court accept the order in the case of Pugh v Howells?
C warned D that he would seek an injunction as the extension interfered with C’s right to light and D’s own surveyor advised against the extension.
When might an undertaking be made?
at the final trial of the case, the defendant may win and the interim injunction may have caused loss to to D in the meantime. If so, he needs compensation for any loss he has suffered as a result of the injunction.
true or false:
the undertaking is referred to as the claimant’s cross-undertaking.
true.
when is a cross-undertaking is not required?
where the injunction sought to enforce the law by an agency such as a department of state or a local authority.
true or false:
if D wins the case at trial or establishes the injunction shouldn’t have been granted, he can not enforce C’s undertaking as to damages by applying for a court inquiry by a Master or District Judge into the damage caused to D by the injunction and he will have to prove his loss.
false, he can enforce C’s undertaking.
